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Know the Law

The Americans with Disabilities Act (ADA), passed in 1990, went into effect on July 26, 1992. This law prohibits private employers with fifteen or more employees, state and local governments, employment agencies, and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment.

Under the ADA, employers are required to make what is called a “reasonable accommodation” to those with a known disability, as long as doing so would not impose an “undue hardship” on the operation of the employer's business.

How does the government define disability?

With respect to an individual, the ADA defines disability as a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment.

Reasonable Accommodation

If you would be able to perform your duties if your employer moved you to part-time, modified your work schedule, restructured your job, or reassigned you to a vacant position, those actions would qualify as reasonable accommodations. It is your responsibility to inform your employer that you need reasonable accommodation, and it's also your obligation to suggest the types of accommodations that would work for you. Your goal is to keep your job, so it just makes sense that you would do everything you possibly can to ensure this will happen.

Recourse

If you believe you've been discriminated against because of your disability, you should contact the Equal Opportunity Employment Commission (EEOC). The time frame for filing a charge of discrimination is generally within 180 days of the alleged discrimination. The EEOC's telephone number is 1-800-669-4000.

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